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Bombay High CourtWP/620/2016disposed of

M/S. Swapna Developers, Rep. Herein By Its Partner, Mr. Prakash Kapurchand Kothari. v. The Village Panchayat Of Raia, Thr. Its Secretary And ANR.

2016-07-05F. M. Reis,Hon'Ble Kum. Justice Nutan D. Sardessai3 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 620 OF 2016.

1. M/s. Swapna Developers, a registered Partnership Firm having its office at Osia Paradise, Dawood Baug Road, Andheri West, Mumbai - 400 058 and its Goa Office at 2nd Floor, Osia Mall, SGPDA Market, Margao, Goa - 403601 and represented herein by its Partner, Mr. Prakash Kapurchand Kothari, major in age, residing at Reliance Park Co-operative Housing Society, Salcete-Goa.

..... Petitioner.

Versus

1. The Village Panchayat of Raia, through its Secretary, having office at Raia, Salcete - Goa and

2. Additional Director of Panchayats -I, Margao - Goa.

... Respondents.

Mr. Yogesh V. Nadkarni, Advocate for the Petitioner. Mr. D. Lawande, Government Advocate, for the Respondent no. 2. Coram:- F.M. REIS & NUTAN D. SARDESSAI, JJ.

Date:- 05 th July, 2016.

ORAL JUDGMENT : (PER F.M. REIS, J.)

Heard Shri Yogesh V. Nadkarni, learned Counsel appearing for the Petitioners and Shri D. Lawande, learned Government Advocate appearing for the Respondent no. 2.

2.

Rule. Learned Counsel appearing for the respondent waives service. Heard forthwith, with the consent of the learned Counsel. 3.

The learned Counsel appearing for the Petitioner states that the notice to the remaining Respondents be dispensed with as the Petitioner has only prayed for relief in terms of prayer (c). 4.

During the course of the hearing of the petition, Mr. Y. V. Nadkarni, learned Counsel appearing for the Petitioner has pointed out that though the Petitioner has filed an appeal before the Additional Director of Panchayats-1, Margao, bearing No. MAR-I/26/2016/63 on 23rd February, 2016 in connection with the subject construction, no decision is being taken by the Respondent no. 2 with that regard. 4.

Mr. Lawande, learned Government Advocate upon instructions on behalf of Respondent no. 2 states that subject appeal shall be disposed

within 4 weeks from today. Hence, accepting the said statement of learned Government Advocate, nothing else survives in this petition, at this stage.

5. The writ petition stands disposed of accepting the statement of learned Government Advocate. All contentions of both the parties, on merits are left open.

NUTAN D. SARDESSAI, J.

F. M. REIS, J.

msr.